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think those of us on Style felt that by the
word "appointee" the Committee on Legis-
lative Branch had meant there should be
an appointment. As soon as it is open for
the General Assembly to determine it, it
opens the whole field.
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: I believe
we have somewhat precluded an election be-
cause we have indicated lower in section
3.10 that the person chosen shall serve only
until the next general election held at least
ninety days after the vacancy occurs.
THE PRESIDENT: Delegate Burdette.
DELEGATE BURDETTE: You do mean
to preclude elections?
DELEGATE GALLAGHER: Yes.
THE PRESIDENT: Are there further
questions? Delegate Ritter.
DELEGATE RITTER: What would hap-
pen if a member of one party was holding
the office and was defeated by a member of
the other party, yet did not assume the
office but died between the day of election
and the day of swearing in? Would this go
back then to his predecessor being of the
other party?
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: It is my
recollection that the matter is covered by
statute. I think the state central commit-
tee moves in at this point.
I understand it would be the state cen-
tral committee of the nominee or the elec-
tee, as the case may be.
THE PRESIDENT: Delegate Ritter, a
further question?
DELEGATE RITTER: You are not a
member until you are sworn in and your
predecessor would be the man who held the
office prior.
DELEGATE GALLAGHER: I would be-
lieve that the language "a person chosen"
would take care of that problem. Even
though he might not have actually quali-
fied, he would have been chosen.
THE PRESIDENT: Are there any fur-
ther questions ? Delegate Marion.
DELEGATE MARION: A question of
Chairman Gallagher. Did I understand, in
answer to Delegate Burdette's question,
that you said your intention was to in ef-
fect preclude the General Assembly from
providing by law for filling vacancies by
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special elections? As I understood the
amendment, it was to open the language a
little wider so that it was not limited to ap-
pointment, necessarily, if the General As-
sembly wished to do otherwise.
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: The Com-
mittee on the Legislative Branch had con-
sidered the idea of requiring a special
election and had eliminated it as a consti-
tutional requirement. However, I would
presume that when we allow the General
Assembly to determine the method that the
methodology could possibly include an elec-
tion, although we did not want to spe-
cifically call for it in this constitution.
THE PRESIDENT: Are there any fur-
ther questions? Delegate Burdette.
DELEGATE BURDETTE: Now we are
exactly back where I was speaking before.
If this does permit an election, as seems
to me to be the case, just as you have said,
then it would seem perfectly evident that
the General Assembly should not be re-
quired to limit that election to a part of the
full term as it does in the sentences not
here being amended but toward the end of
section 3.10.
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: The Com-
mittee never discussed that possibility, as
you will remember. I would say that the
second part would still be applicable, re-
gardless.
DELEGATE BURDETTE: Which would
mean under the language that there would
need to be two elections. If there were a
special election arrangement in effect right
now to fill a full term, two elections would
be necessary. That seems most extraordi-
nary and would in fact, as I thought you
were saying a short time ago, preclude the
General Assembly from having a special
election, because why would you have a
special election between now and 1908 ?
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: I would be-
lieve as a practical matter that the General
Assembly would not go the election route
in the first instance because of the double
expense. However, we do not want to fore-
close the possibility if it wanted to make
that determination.
THE PRESIDENT: Delegate Burdette.
DELEGATE BURDETTE: Perhaps we
can do nothing here. I simply felt that if it
did go by the route of a special election as
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